Legal Literacy.docx

LEGAL LITERACY PROJECT AMITY LAW SCHOOL, NOIDA

SUBMITTED TO: - MRS. GARGI BHADORIA SUBMITTED BY: - PRITHVI YADAV COURSE: - B.A., L.L.B (H) SEMESTER: - 5TH SECTION: - “E” ENROLLMENT NUMBER: - A11911115068

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ACKNOWLEDGEMENT WHAT IS LEGAL LITERACY? IMPORTANCE OF LEGAL LITERACY IMPORTANCE & NEED OF LEGAL LITERACY IN INDIA ROLE OF LEGAL LITERACY IN EVERYDAY LIFE WHERE EXACTLY DOES LEGAL LITERACY STEP IN? LEGAL LITERACY PROGRAMS LEGAL LITERACY & EMPOWERMENT OF THE DISADVANTAGED  BIBLIOGRAPHY

I would like to express my special thanks of gratitude to my teacher Mrs. Gargi Bhadoria who gave me the golden opportunity to do this wonderful project on the topic “Importance of Legal Literacy”. I dedicate my assignment to my Legal Literacy teacher who imparted the essential and crucial knowledge of Legal Literacy and assigned me this project to express the knowledge and skills which I have learned in the class. Her guidelines and teaching method and technique have been very useful for me not only in preparing of this report but also for my future life. This report was not possible without her help and continuous direction which also helped me in doing a lot of Research and I came to know about so many new things. Secondly, I would also like to thank my parents and friends who helped me a lot in finalizing this project within the limited time frame.

Literacy is ability to use printed and written information to function in society, to achieve one’s goals and to develop one’s knowledge and potential". In recent years, focus of literacy has changed from an emphasis on level of schooling to focus on functional skills. Therefore, the current courtroom, literacy is the ability to use printed and written information to function in the courts and to achieve one’s goals related to the justice system. Even if a person is literate enough to deal with daily routines, he or she may not be a literate enough to understand the language and procedure in the Court. Laird Hunter, in reading the legal world register following ideal operational definition of legal literacy. "People using the legal system must be able to guide themselves through a process that they understand and at appropriate places along with the way, 1) Recognize they have a legal right or Responsibility, to exercise or assume it; 2) Recognize when a problem or conflict is a legal conflict and when a legal solution is available; 3) know how to take necessary action to avoid problems and where this is not possible, how to help themselves appropriately; 4) know how and where to find information on the law, and can find information that is accessible to them, 5) know when and how to obtain suitable legal assistant; 6) have confidence that the legal system will provide a remedy, and 7) Understand the process clearly enough the perceive that justice has been done. Translating the information and meanings of the legal system to learners and the people with Limited literacy skills requires that lawyer and other clearly understand it dual nature of legal literacy, the ability to read and familiarity with the legal context."

Legal literacy is commonly understood as knowing the primary level in law. When citizens particularly marginalized or underprivileged groups, know what the law must offer them, they can recognize and challenge injustices much more forcefully. The first step towards that knowledge of the law, which can transform people's lives, is legal literacy.

(a) Legal literacy is that where one needs to have some broad information about legal provisions and processes. (b) Legal literacy is the elementary knowledge of law and not an expert knowledge of an advocate. It is about awareness of the country's political set up. (c) Legal literacy helps in seeking legal remedies against exploitation and injustice. (d) Legal literacy makes us aware of several laws which have been enacted for the welfare protection and security of the citizens. (e) Absence of legal literacy leads to the perpetuity of exploitation and victimization in many fields. (f) It makes us responsible persons of a civil society and a society which is just and orderly, where everyone lives with honor and dignity. (g) In short "legal literacy reminds us about our rights, duties and legal obligations towards society."

Around 35% of India’s population are illiterate. Majority of Indians live in villages. Bulk of the illiterates is also in the rural areas, where social and economic barriers play an important role in keeping the lowest strata of society illiterate. Literacy is an indispensable means for effective social and economic participation, contributing to human development and poverty reduction. Even those who are literate are helpless and confused when there is a violation or infringement of a right enforceable in law. We are still in a country where millions of people live in conditions of poverty, with millions living in conditions where they are without the most basic of their needs fulfilled. Unfortunately, this class is far away from achieving many of the ideals laid down in our constitution. And it is not only the constitution. A number of statutory provisions have been made allowing for social welfare schemes and other legislative measures to alleviate the vast deprivation in our society. Government programmed alone, however well-intentioned, may not be able break barriers built over the centuries. Major social reformation efforts are required to bring about a change in the rural scenario. Article of the Constitution of India gives a directive to the States to ensure that the operation of the legal system does promote Justice on a basis of equal opportunity. It directs the State to provide free legal aidwith the aid of suitable legislation or sch emes. It also directs it to ensure that opportunities for securing 0ustice are not denied to any citizen for reason of economic or other disabilities. If people are aware of their rights and duties, the delivery of Justice and balancing of various interests in a society become so much easier. Increase in legal literacy ultimately develops into a transparent and accountable Government truly based on the “Rule of Law”. A fundamental postulate of our Criminal Procedure Code is that; Ignorance of law is no excuse.

The world we live in is surrounded with laws. The Indian State bestows upon citizenship by birth and thereby a right to life, of liberty, equality and dignity, amongst others. Since April 2010, the State assures every citizen-child eight years of elementary education, from age 6 to 14, in the vicinity of his/her neighbor-hood. Your rights to life, liberty, equality, dignity, education etc. fall in the domain of constitutional law. Statistics testify that most people face some legal issue in their lives. This means that you might have to deal with laws in more ways than you think. You are enveloped in laws the moment you are born. The law of succession applies to you by virtue of birth. How you treat your parents, how you bury the dead or what ceremonies are to be followed when you marry still depends, at least for most people, on the prevailing customs in the communities to which they belong or, in the final analysis, whom they identify with. Laws of child custody, marriage, property etc. affect families when they conduct themselves in society. Here different communities may have to deal their personal laws. At some point in life, you may have to sue someone or someone may be suing you at your place of work or you may have to challenge an administrative order and be looking for remedies. If you lose a ration card you may not know how to get another one in reasonable time. You may be a beneficiary through a will left behind by your grandparent or parent but may not know how a will is executed. Here, your issues will fall under the umbrella of civil law. Civil law revolves around issues that are not criminal in nature. Disputes surrounding the law of contract or property including tenancy, disputes or issues engulfing family law (including void marriages, divorce or custody of child) or compensation claims for personal damage or damage to one’s movable and/or immovable property etc. are all disputes covered by civil law. The best defense against potential civil litigation is to know your rights and responsibilities.

The purpose of civil law is to grant relief, within the parameters of the existing law, in disputes surrounding such matters as have been enumerated in the preceding paragraph. Civil law is either borne out of a statute, be it enacted by the Centre or the States of India, or out of judgments delivered by court(s) and such judgments serve as precedents. These judgments are often called landmark judgments and are reported in law journals by order of the court that is delivering the judgment. In your growing years, you could be a victim or witness of child abuse. In adulthood, many face sexual harassment or domestic violence in their daily lives. You could be involved in an accident for no fault of yours. The driver of the colluding vehicle may have been drunk. You could be a victim of household theft, or face a traffic violation ticket. For such incidents, which are crimes under the law, you will be dealing with the criminal law system.

Legal literacy means making people aware of their rights, then by making the people literate, we would essentially be taking the first step in empowering the m to fight for their rights. Our society is filled with various categories of persons whose rights are violated on a daily basis and these persons are unable to take any action to remedy this situation simply because they aren’t even aware that they are assured certain rights.

In some states of India Legal Services Authority had initiated some Legal Literacy schemes like Legal Literacy for students (LLB), Legal Literacy Mission for empowerment of underprivileged (LLUP). Brief details of these schemes are as under:1. Mission Jananeethi The purpose of Jananeethi is to help people resolve their problems and access 0ustice! having been empowered through awareness generation and capacity building. Jananeethi aims at radical changes in society, enabling the individuals and societies to become aware of their inherent human rights and civil liberties, so that people may live in dignity and freedom, free from fear. As a voluntary, non1sectarian, non-political, non-profit making and secular programmed adhering to the sublime ideals and the democratic values enshrined in the Constitution of India, Jananeethi is intended and designed for the defense of life, dignity, liberty and other fundamental rights of the defenseless. It facilitates a process of accessing Justice, governed by democratic principles and rule of law% focusing on the weak and vulnerable in the society. Activities: The following activities are being conducted by Jananeethi for spreading legal literacy to enable individuals and groups to respond to violations of civil and human rights in a wider spectrum. • Bare-foot lawyers/para-legal activists Basic courses in elementary laws are conducted for public spirited young men and women to be trained as bare-foot lawyers. They have minimum educational qualification of 10+2 or above. They may be either members of NGO’s or Community organizations, or social/environmental activists who would also like to take up legal / human rights issues. After one week’s crash program on the essential and elementary laws, they are given certificates and will be competent to identify violations of individual or community rights. If they are not able to sort out any

complicated matter, such matters could be referred to the law faculty of Jananeethi. There will be refresher/updating programmes over and again depending the need. There may be para-legal workers specially trained in specific thrust areas like minorities, indigenous people, child rights, gender issues, right to information, consumer rights, torture and custodial violence etc. • Professionals Well educated and highly placed professionals too are often not conversant with provisions in laws and implications of their violations. Many do not know the nitty-gritty of several statutory laws and their applications. For example, the newly legislated Act for the Protection of Women against Domestic - Violence is purportedly be complied with by a vibrant administrative machinery. However, the fact remains that vast majority of the officers and professionals like clinical psychologists, therapeutic counselors, welfare officers, social workers, institutional heads and academia are ignorant of their role and responsibilities as contemplated in the Act. Jananeethi takes pains to organize workshops to sensitize them with respect to such new generation legislations wherein the proactive role of various stakeholders is great significance. 2. Panchayat Shivir 'Panchayat Shivir’, is used here as a Hindi term for Interactive Legal Literacy Camp. Law trainers may use it to aid tribal self-rule in India or other forms of decentralization. Trainers may also use this tool in other countries that are progressing towards decentralized governance. Activities:  Know your target group. For example, are they village headmen, members of CBOs, local officials. Pitch your training accordingly.  Make sure your trainer can deliver. What are their abilities, skills-as a trainer, legal practitioner, linguist?  The trainer must know the law in depth and how it works at the field level.  Start with people’s existing knowledge of legal concepts. Create interest in words commonly used in law. The meaning of words such as Judgment, order, rules, regulations, acts, policy, petition, suit and decree are often a good starting point.

 Build on existing knowledge. Relate law to everyday situations in a village setting. Choose a live legal conflict and break it into phases: what, when, how and the current context of the conflict.  Create an atmosphere where there can be a free flow of information. Be adaptive and respond to feedback especially during breaks.  You need to measure how well you are doing and who you are reaching. Collect information on numbers taking part, how involved they become, where they are from, how much it costs them to attend. This will help you priorities need.  Trainers usually get information on legal conflicts in an anecdotal form often with a political and social bias. To be objective, the bedrock of an effective legal strategy, the trainer must separate legal issues from social, political and moral opinions.  Encourage others to speak, repeat an idea, explain to their neighbors, and explain other similar examples. This clarifies things for both trainer and trained.  Always end with action-based next steps. Fix responsibilities, timelines, and forums for further clarifications and exchange.  Conduct sessions over several months. Reinforce learning because law and legal concepts are not easy to understand.

Legal empowerment of the poor is central to efforts in legal literacy. The sphere of law in India has expanded to protect not just individual rights but to protect the rights of hitherto disadvantaged groups and communities living on the periphery of social inclusion. More so as in India, the establishment of a just society based on equality of opportunity is mandated by the Constitution itself. Laws made by the State aimed towards equity are frustrated by the lack of implementation of such laws at the grassroot level. Access to justice, thus, remains severely constrained by poverty, lack of legal literacy and knowledge of its complexities (including procedural wrangles) of the judicial system in India. Most law enforcers and administrators of justice are, at times oblivious, most of the times apathetic towards the duties and obligations of their professions. Villagers in rural India could be helped to access their rights with the aid of legal clinics. Case studies, in other parts of the world, demonstrate, without doubt, that legal literacy is known to obviate the alienation of the disadvantaged groups, including the poor, from the legal institutional processes and enhance peoples’ capacity to mobilize for change. Recent statutes in India, such as Scheduled Tribes and other Forest Dwellers (Recognition of Forestry Rights Act 2006) are, in effect, State responses to struggles led by ordinary people.

The aim of legal literacy is to familiarize the weaker sections of society with their rights, their scope and also provide them with information required for the assertion of such rights so that they may be able to take action and bring about a change in their circumstances. It is only when such comprehensive education is given, that legal literacy can be said to have been meaningful. Once the deprived are made legally literate in this manner, we can confidently believe that we are one step closer to achieving the goals that our constitution has laid out for us. This is because an improvement in legal literacy will translate into the improvement of the financial status of the people, which in turn takes us closer to social justice and equality of opportunity. Jananeethi’s efforts for legal literacy and legal awareness are an odyssey through various successful interventions and interactions by diverse participants who work for change of mind and change of character in our social milieu. An educated public that is willing and able to demand that government act in a fair, transparent and lawbased manner can help achieve peaceful change. Jananeethi, hereby, envisions a world where people everywhere have the opportunity to access justice and join the knowledge economy that governs their everyday activities.

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